Joint Submission by GENDERDOC-M and ILGA-Europe1 to the Committee of Ministers of the Council of Europe in the case GENDERDOC-M v Moldova no. 9106/06, judgment of 12 June 2012. The submission was sent 27 July 2017.

Submitted jointly with the AIRE Centre (Advice on Individual Rights in Europe), the European Council on Refugees and Exiles (ECRE), Human Dignity Trust (HDT) and the International Commission of Jurists (ICJ) on 16 January 2017.

Submitted jointly with the European Human Rights Advocacy Centre (EHRAC) and the International Commission of Jurists (ICJ) on 29 July 2016

The cases concern refusal of Russian authorities to register associations aimed at defending rights of LGBTI persons, particularly in the area of marriage equality. The intervention focuses on the extent of legitimate restrictions on the right to freedom of association for the protection of morals having regard, in particular, to the right to respect for private life under Article 8 of the Convention. The comments draw upon the Court’s case-law; authoritative interpretation of other applicable sources of international law and comparative international law.

Written submissions on behalf of the AIRE Centre (Advice on Individual Rights in Europe), the European Commission on Sexual Orientation Law (ECSOL), FIDH (Fédération Internationale des Ligues des Droits de l’Homme), ILGA-EUROPE (the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association) and the International Commission of Jurists (ICJ) - April 2016.

The case concerns a Cameroonian asylum seeker threatened with expulsion from Spain to Cameroon.

The intervention addresses the risk faced by LGBTI asylum-seekers if returned to their country of origin in violation of Article 2 (Right to Life) or 3 (Prohibition of Torture) of the European Convention.

Submitted jointly with AIRE Centre (Advice on Individual Rights in Europe), ECRE (European Council for Refugees and Exiles) and ICJ (International Commission of Jurists) on 21 October.

The case concerns immigration detention of an Iranian asylum seeker for nearly two months before granting refugee status in Hungary.

The intervention focused on the relevance of the EU asylum acquis, the EU Charter of Fundamental Rights and the 1951 UN Convention relating to the Status of Refugees, as amended by its 1967 Protocol, 2 to the determination of the scope and content of Contracting Parties’ obligations under Art 5(1) of the European Convention on Human Rights; and the Contracting Parties’ obligation under the Convention to take account of the particular risks that the detention of asylum-seekers entails, including, in particular, when deciding to detain those asylum-seekers who might have been exposed to abuse and/or may risk violence and discrimination on account of their sexual orientation while in detention.

Submitted jointly by Amnesty International, ILGA-Europe, and Transgender Europe on 24 July 2015.

The cases mainly concern the validity of medical requirements imposed on those seeking legal gender recognition, including most prominently permanent sterilization. They raise the issue of serious violations of the rights to be free from inhuman and degrading treatment, to bodily integrity, to personal autonomy and of reproductive rights, and come against the background of significant developments regarding the legal situation of transgender people in Europe.

Submitted jointly by Transgender Europe, Coming Out, ILGA-Europe and the European Professional Association for Transgender Health - 10 June 2015

The case concerns a transgender prisoner whose health was jeopardised by the prison authorities’ refusal to provide necessary medical treatment, including the continuation of hormone replacement therapy, and whose safety was put at risk through the disclosure of her transgender status to other prisoners, allegedly by the prison authorities.

The intervention provides information on medical and legal standards for gender reassignment treatment, highlighting where such treatment is medically necessary, the consequences of interrupting hormone replacement therapy, and best practice in the provision of gender reassignment treatment in prisons. It also highlights transgender persons’ vulnerability to abuse in prisons, and sets this in the wider context of discriminatory attitudes towards transgender persons in Russia.

Submitted jointly by the AIRE Centre. ILGA-Europe, and the International Commission of Jurists – 8 June 2015

The case concerns alleged ill-treatment of a lesbian by the police and the failure of the authorities to conduct the necessary investigations.

The intervention focuses on the positive obligations of the Contracting Parties under the Convention in respect of allegations disclosing credible evidence of treatment prohibited under Article 3, same-sex sexual orientation and/or gender identity as a ground of discrimination, and the duty of the authorities to take all reasonable steps to identify any discriminatory motive in connection with allegations of ill-treatment.

Submitted jointly by the AIRE Centre. Amnesty International, ILGA-Europe, the International Commission of Jurists and the UK Lesbian and Gay Immigration Group – 19 May 2015.

The case concerns an Iranian asylum seeker threatened with expulsion from Sweden to Iran.

The intervention addresses inter alia whether requiring coerced, including self-enforced, suppression of a fundamental aspect of one’s identity is compatible with the Convention; whether the criminalization of consensual same-sex sexual conduct gives rise to a real risk of Article 3 prohibited treatment, thus triggering non-refoulement obligations; and the significance of the EU asylum acquis and the case-law of the Court of Justice of the European Union.

Submitted jointly by ILGA-Europe and the International Commission of Jurists – 17 November 2014.

Four separate cases are involved. They relate to the banning of the 2009, 2011, 2012 and 2013 Belgrade Pride marches, amongst other things because of the supposed danger of violent counterdemonstrations. The interveners make submissions to the effect that States should be afforded a narrow discretion in relation to the means used or measures to be taken in preventing violence or disorder, where the threat of violence or intimidation comes primarily from counter-demonstrators, can reasonably be anticipated, and is directed at groups most at risk. They also submit that States must put in place an adequate legislative and administrative framework to guarantee and facilitate the right of assembly.

Submitted jointly by ILGA-Europe, the AIRE Centre and International Commission of Jurists - 9 May 2014.

The case addresses the failure of the police to treat seriously homophobic violence against a lesbian. The intervention seeks to assist the Court by providing an overview of the prevalence and nature of homophobic and transphobic hate crimes in Council of Europe member states, and by presenting a survey of international, EU and comparative law on the procedural and substantive obligations of member states to investigate such crimes, including a possible bias motive, and, when determining sanctions, to take proper account of the bias motive. Find the appendix here.

The case addresses the refusal of the Turkish authorities to provide gender reassignment treatment to a trans prisoner. The intervention seeks to assist the Court by providing brief information on trans issues generally, then looks at the problems of trans people in prison, and finally the experience in other countries of the provision of trans specific healthcare in prison.

Written comments on behalf of the The International Federation for Human Rights, International Commission of Jurists, ILGA-EUROPE, British Association for Adoption and Fostering, Network of European LGBT Families Associations and The European Commission on Sexual Orientation Law submitted on 1 August 2012.

Find written comments and oral submissions in the case of Philippe FRETTÉ v. France. 2000 and 2001.

ILGA-Europe gratefully acknowledge financial support from:

This website has been produced with the financial support of the Rights Equality and Citizenship (REC) programme 2014-2020 of the European Union. The contents of this publication are the sole responsibility of ILGA-Europe and can in no way be taken to reflect the views of the European Commission.